Shahzad R. Khan Legal BlogShahzad R. Khan Legal Bloghttp://srkhanlegal.com/lawyer/blog/Shahzad-R.-Khan-Legal--Blogen-usThu, 22 Feb 2018 01:30:33 GMT10http://srkhanlegal.com/lawyer/2017/08/09/Rules-and-Regulations/Lying-to-Get-a-Visa---Don't-do-it_bl31265.htmWhy do people lie to get a visa or an immigration benefit? I frankly don't know. But, it seems people lie often to get an immigration benefit, without realizing the consequences of their actions. It could end up haunting them for the rest of their lives.

Section 212(a)(6)(C)(i) provides as follows:Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

Yes, a person who by fraud or willfully misrepresents a material fact and seeks to procure an immigration benefit or admission into the US is inadmissible under the Immigration and Nationality Act. So, what does that mean? It means that you are not admissible to the U.S. It means that you can be barred for your lifetime from the U.S. What that also means is that if you are in the U.S., you could be deported based on this ground of inadmissibility.

However, do not worry, there is a waiver available. The waiver can be found in INA 212(i), also known as the I-601 waiver. If you have been denied an immigration benefit due to a finding of fraud or willful misrepresentation, give us a call to discuss your case.

]]>Wed, 09 Aug 2017 00:38:00 GMTBlogshttp://srkhanlegal.com/lawyer/2017/03/08/Asylum/Muslim-Ban-2.0---A-Brief-Synopsis-of-the-Major-Provisions_bl29024.htmThis is a brief summary of the Executive Order issued on March 6, 2017. This order rescinds the Executive Order (13769) issued on January 27, 2017 and creates the following new rules and regulations. A summary of what the Executive Order covers is below:

Who does the ban apply to?

Foreign nationals, who do not possess a valid visa and who are outside the United States and are from Iran, Libya, Somalia, Sudan, Syria and Yemen are temporarily barred effective, March 16, 2017 (Section 1(f)).

When does the ban take effect?

The ban is effective March 16, 2017. The ban, bars persons from the six (6) countries temporarily for a period of 90 days (Section 2(c)).

The last ban had seven (7) countries, why does this ban have six (6)?

Iraq has been removed from the ban list. The EO specifically provides that the Iraqi government has undertaken steps to enhance travel documentation and has also engaged in information sharing to the satisfaction of the US government (Section 1(g)).

Can other countries be added to the ban list?

Yes, other countries can be added to the list if they do not comply with providing the US with information necessary to vet and screen foreign nationals for the proper adjudication of visas (Section 2(e)).

Who is not effected by the EO?

Persons no effected by the Executive Order (Section 3(b)) are as follows: 1. Lawful Permanent Residents of the United States (Green Card Holders)2. Foreign nationals admitted or paroled into the US on or after March 16, 20173. Dual Nationals of a country on the ban list and of another country, so long as they present their passport from the unaffected country. 4. Foreign Nationals traveling on Diplomatic visas5. Foreign Nationals granted asylum, refugees already admitted to the US, or any individual who has been granted withholding from removal, advance parole or protection under the Convention Against Torture.

Is there a waiver available for the ban?

Yes, Section 3(c) provides the necessary guidance for a waiver. Specifically, the waiver is available if the person seeking the waiver can prove an undue hardship would result and that his or her entry into the US would not pose a national security threat, and rather would be in the national interest. Other reasons outlined in the Executive Order are provided as follows:

1. (a) If you are outside of the US on March 16, 2017, and (b) you have been previously admitted to US for a continuous period of work, study or other long term activity, and (c) now you seek reentry to resume that activity and (d) a denial of reentry back into the US would impair that activity. 2. (a) If you are outside of the US on March 16, 2017, and (b) you have established significant contact with the United States. 3. Having significant business or professional obligations in the US that would be impaired if denied entry during the ban4. Foreign national seeks to enter the US to visit or reside with a close family member, and if denied entry it would cause an undue hardship5. Infant, young child or adoptee6. Person needing urgent medical care or whose entry is justified by other special circumstances. 7. (a) Foreign national employed by or on behalf of the US government and (b) the employee can document that he or she has provided faithful and valuable service to the US government. 8. Foreign national is an exchange visitor (J1 visa) sponsored by the US government9. Canadian immigrant that applied for a US visa in Canada10. Foreign national who conducts business with the US government or such business is related to an international organization.

What does the Executive Order say about Refugees?

This Executive Order (Section 6(a)) suspends the travel of refugees into the US after then effective date of this order and for a period of 120 days. This suspension does not apply to refugees already set for transit to the US before March 16, 2017.

After 120 days, the US government will allow for refugees to resume travel into the US and will allow the review and adjudication of refugee applications for stateless persons and for nationals of countries that the government has determined based on new procedures implemented during the ban that ensure the safety and security of the US.

Is a waiver available for refugees subject to the ban?

Yes, Section 6(c) provides the necessary information on the waiver requirements. Specifically, a waiver is available to a refugee on a case-by-case basis and at the discretion of the US government, if the entry of the refugee serves the national interest and the individual does not pose a threat to national security. A waiver may also be available if the refugee can show undue hardship.

Does this Executive Order revoke visas?

No (Section 12(c) and (d)). Immigrant and non-immigrant visas issued before March 16, 2017 will not be revoked pursuant to this order. Further, an individual whose visas were marked revoked or canceled as a result of the prior executive order shall be entitled to a travel document that confirms that the individual is permitted to travel to the US.

A prior revocation or cancellation of a visa made under the prior executive order, will not be held against the individual.

Will Green Card Applications, Naturalization Applications and other such applications for immigration benefits be effected by the Executive Order?

No. USCIS will continue to process applications as normal and adjudicate them based on the merits of application.

If you have any further questions about the Muslim Ban 2.0, please feel free to contact Attorney Shahzad R. Khan at 972.961.3095 or www.srkhanlegal.com.

]]>Wed, 08 Mar 2017 01:18:00 GMTBlogshttp://srkhanlegal.com/lawyer/2016/12/13/Waivers/601A---Do-Not-Underestimate-the-Hardship_bl27776.htmDo not underestimate the power of hardships. A hardship, alone, may not seem enough to be extreme. To establish an extreme hardship, it is not necessary to demonstrate that a single hardship, taken in isolation, rises to the level of extreme. Rather, any relevant hardship factors must be considered in he aggregate, not in isolation. A person living with an undocumented spouse has a lot to fear. The fear of separation, the fear of financial ruin, the fear of uncertainty. Do not assume that your hardship or hardships do not meet the standards for this waiver. A thorough and complete conversation on the issue of the hardships faced by the US Citizen spouse and potentially will face due to separation must be explored. Moreover, a discussion is necessary about hypotheticals, such as the US Citizen spouse having to move to the home country of the spouse in the event the waiver is denied or the foreign spouse is deported, Moreover, medical, social, language, cultural, religious hardships should also be explored.

We recently received news of an approval of a 601A waiver. In this case, the initial review of the hardships did not look to rise to the level of extreme hardship. But after thorough review and research on the hardships, it became very evident that the hardships, collectively, were extreme in nature. If you are a US Citizen married to an undocumented person, please give us call to discuss the possibility of a 601A waiver.

]]>Tue, 13 Dec 2016 17:08:00 GMTBlogshttp://srkhanlegal.com/lawyer/2016/12/06/Deferred-Action/DACA---Senators-trying-to-help-DACA-recipients_bl27682.htmGreat article in the Guardian from over the weekend that shows that some in the Senate are trying to help those who are recipients of DACA.]]>Tue, 06 Dec 2016 00:38:00 GMTBlogshttp://srkhanlegal.com/lawyer/2016/12/05/Deferred-Action/DACA---What-is-going-to-happen-_bl27670.htmAs the fog from the 2016 election has lifted, we are now faced with the reality that things are going to change significantly come January 20, 2017. One of the things destined for a significant change is Deferred Action for Childhood Arrivals, also known as DACA. President Elect Trump made it clear that the executive order that gave rise to DACA would be rescinded on his first day in office. Honestly, we do not know what will happen. But for now, it is the opinion of the American Immigration Lawyers Association (AILA) to continue filing for DACA applications for eligible candidates. Moreover, USCIS has indicated that they are still process DACA application as normal. Yes, eligible candidates who are applying for DACA may be putting themselves at risk by simply applying for DACA. The information that they provide regarding their biographic and residential information could potentially be used for enforcement should the executive order be rescinded. Those that already have DACA and are applying for extensions, should continue to file for an extension as their information is already known to the government, should the new government rescind DACA and begin enforcement.

Also, DACA recipients, who have an advance parole and need to travel, should travel and return to the United States before the January 20, 2017. DACA recipients who do not possess an advance parole, and file for one now, will not likely receive their advance parole document until well after the inauguration. If the new administration were to rescind DACA, the resulting economic affect would be that all fees paid for pending extensions of DACA or adjudications of advance parole, will be wasted.

I realize there is a lot at stake here. Unfortunately, we, the immigration lawyers, do not have the answers yet. But, if you are a DACA recipient, a dreamer, take some time with an immigration attorney to play through these scenarios and understand what could possibly happen.

Release Date: October 24, 2016

WASHINGTON – U.S. Citizenship and Immigration Services today announced a final rule published in the Federal Register today adjusting the fees required for most immigration applications and petitions. The new fees will be effective Dec. 23.

USCIS is almost entirely funded by the fees paid by applicants and petitioners for immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine the funding levels necessary to administer the nation’s immigration laws, process benefit requests and provide the infrastructure needed to support those activities.

Fees will increase for the first time in six years, by a weighted average of 21 percent for most applications and petitions. This increase is necessary to recover the full cost of services provided by USCIS. These include the costs associated with fraud detection and national security, customer service and case processing, and providing services without charge to refugee and asylum applicants and to other customers eligible for fee waivers or exemptions.

The final rule contains a table summarizing current and new fees. The new fees will also be listed on the Our Fees page on our website. Form G-1055 will not reflect the new fees until the effective date. Applications and petitions postmarked or filed on or after Dec. 23 must include the new fees or USCIS will not be able to accept them.

"This is our first fee increase since November 2010, and we sincerely appreciate the valuable public input we received as we prepared this final rule," said USCIS Director León Rodríguez. "We are mindful of the effect fee increases have on many of the customers we serve. That’s why we decided against raising fees as recommended after the fiscal year 2012 and 2014 fee reviews. However, as an agency dependent upon users’ fees to operate, these changes are now necessary to ensure we can continue to serve our customers effectively. We will also offer a reduced filing fee for certain naturalization applicants with limited means."

Read more about the new fee schedule on the Our Fees page. Highlights follow:

A modest fee increase of $45, or 8 percent, from $595 to $640 for Form N-400, Application for Naturalization.

USCIS will offer a reduced filing fee of $320 for naturalization applicants with family incomes greater than 150 percent and not more than 200 percent of the Federal Poverty Guidelines. For 2016, this means, for example, that a household of four with an income between $36,000 and $48,600 per year could pay the reduced fee. Those eligible may apply for this option using the new Form I-942, Request for Reduced Fee.

The fee for Form N-600, Application for Certificate of Citizenship, and N-600K, Application for Citizenship and Issuance of Certificate Under Section 322, will increase from $550 or 600 to $1,170.

A new fee of $3,035 is required for Form I-924A, Annual Certification of Regional Center.

In preparing the final rule, USCIS considered all 436 comments received during the 60-day public comment period for the proposed rule published May 4.

]]>Tue, 25 Oct 2016 01:29:00 GMTBlogshttp://srkhanlegal.com/lawyer/2016/10/17/Family-Based-Immigration/Understanding-Physical-Presence-and-Continuous-Residence---Naturalization_bl26917.htmUnfortunately, a common problem I see with my clients is the misunderstanding of what all is required for one to become naturalized. The most common issue that people have problems with and do not understand properly are the concepts of continuous residence and physical presence.

Continuous Residence basically means that the applicant has maintained residence in the United States for a specified period of time. Normally, you must have 5 years of continuous residence to apply for naturalization. However, if you are married to a US, the requirement for continuous residence is reduced to 3 years while married to the US citizen spouse.

Physical Presence means that the applicant was physically present in the United States for a specified period of time over the course of 5 years. Generally, a person must be physically present in the United States for 30 months out of the 5 years to be eligible to naturalize. For a person who is married to a US Citizen spouse, the requirement for physical presence is 18 months, meaning that out of the 3 years of continuous residence, the permanent resident spouse must be physically present in the US for 18 month.

The problem and misunderstanding that many people have is that once they have a green card, they can come and go from the US as they like without any repercussions. They have a mistaken idea that no matter how long they travel abroad, the time that they accumulate in the US can all be used to towards their continuous residence and physical presence requirements for naturalization. This idea or thought process is greatly flawed and results in a big surprise when the client visits my office and learns that they are not eligible to apply for naturalization.

When in doubt, speak to a knowledgeable immigration attorney to understand your eligibility for naturalization.

]]>Mon, 17 Oct 2016 02:03:00 GMTBlogshttp://srkhanlegal.com/lawyer/2016/10/17/Passport/Applying-for-a-US-Passport---No-More-Glasses-November-1_bl26916.htmStarting November 1, 2016, If you are applying for a US Passport and you wear glasses, you will no longer be allowed to wear glasses in your passport photograph. See the full press release from the Department of State here. ]]>Mon, 17 Oct 2016 01:53:00 GMTBlogshttp://srkhanlegal.com/lawyer/2016/09/23/Asylum/ASYLUM---It's-not-as-easy-as-you-may-think_bl26675.htmI get calls all the time from random people asking about various ways to get their relatives to the United States. In particular, I had person call me yesterday which wanted to get his sister-in-law to the United States and figured that filing for Asylum was the best way possible. So, naturally I educated the person on the basic requirements of an asylum application and then asked them what has happened to their relative. Has their relative faced persecution as it relates to race, religion, nationality, membership in a social group, or political opinion or does the relative have a well founded fear of future persecution based on race, religion, nationality, membership in a social group, or political opinion. So, I asked him what are the particular facts and circumstances of his sister-in-law's case. When hearing the requirements of asylum, the person informed me that his sister-in-law has not been persecuted in any such manner. The only thing that she has going for her is that she is Palestinian and therefore is a person without a homeland.

Unfortunately, being a person without a country is not going to get your asylum claim approved. You have to have specific facts and circumstances establishing persecution or a fear of future persecution. Understand that asylum cases are fact specific cases. So, your facts have to establish your case. There has to be credibility to your testimony and to the facts that you provide in your application.

I have handled asylum cases. These are cases of victims of the Syrian civil war. I wish I could write about the horror stories that i have heard from these people, but this blog post is not the right place to write about them. These are people who have endured torture, chemical weapon attacks, kidnappings, murder and other atrocities. Based on the facts presented to me, these are cases which should be sufficient to get approved and yet, many of them do not get approved.

Therefore, if you have claim, whatever that claim may be, for asylum, I invite you to contact my office to set an appointment to explore your particular factual scenario and determine your eligibility for asylum relief. Please call the office at 972.961.3095 or email us at info@srkhanlegal.com.

]]>Fri, 23 Sep 2016 09:00:00 GMTBlogshttp://srkhanlegal.com/lawyer/2016/09/22/Diversity-Lottery/Diversity-Lottery---Opening-October-4,-2016-to-November-7,-2016_bl26674.htmSection 203(c) of the Immigration and Nationality Act (INA) provides for a class of immigrants known as "diversity immigrants." These are immigrants from countries that have historically low rates of immigration to the United States. Persons from the following countries are not eligible to apply, because more than 50,000 people from these countries immigrated to the U.S. in the previous five years: Bangladesh, Brazil, Canada, China (mainland-born), Columbia, Domincan Republic, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories and Vietnam. For fiscal year 2018, 50,000 diversity visas will be available.

Eligibility Criteria:

Individuals must be born in eligible countries

Individuals must have a high school diploma or two years of work experience within the last five years in an occupation that requires at least two years of training.

Individual must be admissible to the U.S.

Applications must be submitted electronically through the Department of State. Paper entries and mail-in requests are not accepted. There is no registration fee for the diversity lottery. For fiscal year 2018, diversity lottery applications will be accepted starting October 4, 2016 at 12:00 p.m. EDT until November 7, 2016 at 12:00 p.m. EDT. ​

For more information please contact our office at 972.961.3095 or info@srkhanlegal.com.